DOT Special Permits. Frank Imperatore Virginia Tech Alan Call US EPA, Office of Research and Development

Transcription

1 DOT Special Permits Frank Imperatore Virginia Tech Alan Call US EPA, Office of Research and Development

2 Disclaimer The content of this presentation is the not the official stance, opinion, direction, musing, forethought, afterthought, pontification, or guidance of the Environmental Protection Agency, Department of Transportation, International Air Transport Association, International Civil Aviation Organization or any other regulatory agency. This is just a couple of old curmudgeonly labpack goons talking about what they have learned about using DOT Special Permits.

3 Topics Special Permit Basics Party to requirements How do we use special permits to our advantage? Competent authorities Common/Helpful Special permits for Colleges, Universities, or Research Institutions Common problems/errors Violations/Penalties Incorporation/Codification of special permits to regulations

4 What is a Special Permit - 49 CFR Special permit - means a document issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C permitting a person to perform a function that is not otherwise permitted under subchapters A or C of this chapter, or other regulations issued under 49 U.S.C et seq.(e.g., Federal Motor Carrier Safety routing requirements).

5 Sections of a Special Permit Each Special Permit will consist of 12 Sections: 1. Grantee - Person or persons (company, organization, etc.) who has applied for the special permit. 2. Purpose and Limitations - Describes what the special permit is allowing the grantee to do 3. Regulatory System Affected - What parts of the regulations the special permit is providing relief from. This is very general ex: 49 CFR Parts 106, 107 and

6 Sections of a Special Permit - cont. 4. Regulations From Which Exempted - Lists what specific regulations are being exempted by the special permit - ex. 49 CFR (d) in that Division 4.2 materials may not be loaded, transported, or stored together in the same transport vehicle with Class 8 liquids except as specified herein. (From SP Basis - What the special permit is based on. This special permit is based on the application of Berlin Packaging, dated November 17, 2015, submitted in accordance with 49 CFR (from SP-9168)

7 Sections of a Special Permit - cont. 6. Hazardous Materials ( 49 CFR ) - Lists the hazardous materials descriptions (in table format) of materials included in the special permit. Lists proper shipping name, hazard class/division, ID number and packing group. 7. Safety Control Measures - Lists the requirements for packaging the hazardous materials and the segregation requirements for transport. 8. Special Provisions - Lists any special provisions related to the special permit. This may include party to information, requirements for documentation, marking and labeling requirements, etc.

8 Sections of a Special Permit - cont. 9. Modes of Transportation Authorized - Lists how items can be shipped using the special permit. Motor vehicle, rail, etc. 10. Modal Requirements - Any modal-specific requirements are listed here such as requirements to carry a copy of the special permit, etc. 11. Compliance - Lists requirements for training, security, registration, etc. Keep an eye out for the training requirements. 12. Reporting requirements - Lists any reporting requirements specific to the special permit.

9 Party Status?

10 Party Status Basically, do you need to get written permission to use a special permit? Look under the special provisions section for requirements a. In accordance with the provisions of Paragraph (b) of a, persons may use the packaging(s) authorized by this special permit for the transportation of the hazardous materials specified in paragraph 6, only in conformance with the terms of this special permit. b. A person who is not a holder of this special permit, but receives a package covered by this special permit, may reoffer it for transportation provided no modification or change is made to the package or its contents and it is offered for transportation in conformance with this special permit and the HMR. From SP-9168

11 Party Status Some special permits do not allow party status this will usually be specified in section 2 of the special permit 2. PURPOSE AND LIMITATION: a. This special permit authorizes the one-time transportation in commerce of certain Division 1.3G articles from the Yuba County Sherriff s Department located in Olivehurst, CA to Veolia ES Technical Solutions, L.L.C. s disposal facility located in Sauget, IL. This special permit provides no relief from the Hazardous Materials Regulations (HMR) other than as specifically stated herein. The most recent revision supersedes all previous revisions. b. The safety analyses performed in the development of this special permit only considered the hazards and risks associated with the transportation in commerce. C. No party status will be granted to this special permit. From SP-16545

12 How do you use special permits to your advantage? Labaacks History Changes What cannot be labpacked? 6.1, PG I Inhalation Hazards Temperature controlled

13 Common special permits 49 CFR (d) Segregation requirements Special Permit This special permit authorizes the transportation in commerce of Division 2.3 Zone A materials on the same motor vehicle with DOT specification packagings containing the residues of Divisions 2.1, 2.3, 4.3, 5.1, and Classes 3 and 8 materials, subject to the limitations and special requirements specified herein.

14 Common special permits cont. 49 CFR , PG I materials cannot be labpacked Special Permit SP This special permit authorizes the transportation in commerce of Division 6.1, PG I materials in lab packs by motor vehicle, rail freight and cargo vessel.

15 Temperature controlled material (3) Prohibited materials. The following waste materials may not be packaged or described under the provisions of this paragraph (b): a material poisonous-by-inhalation, a temperature controlled material unless it complies with (f)(1), a Division 6.1, Packing Group I material, chloric acid, and oleum (fuming sulfuric acid). [49 CFR ] (f)(1) Forbidden materials Packaging and control and emergency temperatures for self-reactive materials Packaging requirements and other provisions for organic peroxides.

16 Diethyl Azodicarboxylate (DEAD) Vendor: Sigma Aldrich Alfa Aesar Others? Form: Pure 40% in Toluene Other (in solvent drum)

17 Diethyl Azodicarboxylate (DEAD) Shipping Options Special Permit SP (ships as Class 1.4E) Competent authority CA (Self-reactive, Type C) 6.1 PG III DOT Forbidden In a solvent drum

18 What was incorporated into ?

19 Incorporation of Special Permits into Regulations Long standing, safety proven special permits are sometimes incorporated into regulatory updates/re-writes Labacks Use of fiber boxes for packaging labpacks Cyanides on same vehicle with acids Spontaneously combustible (4.2) materials - segregation issues Others?

20 Aerosols Aerosols, flammable, (each not exceeding 1 L capacity) UN CFR (k) has been amended incorporating provisions from several longstanding special permits. See Federal Register Vol 81, No. 13, January 21, 2016 [page 3681] for full text

21 Paints Paint and paint related materials, UN1263, (bulk), (non-bulk) Special Provision B131 of the hazardous materials table has been added which incorporates allowances from several special permits into the regulations

22 Competent Authority - 49 CFR Competent Authority - means a national agency that is responsible, under its national law, for the control or regulation of some aspect of hazardous materials (dangerous goods) transportation. Another term for Competent Authority is Appropriate authority, which is used in the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. The Associate Administrator is the United States Competent Authority for purposes of this part 107.

23 Competent Authority Approval - 49 CFR Competent Authority Approval - means an approval by the competent authority that is required under an international standard (for example, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Maritime Dangerous Goods Code). Any of the following may be considered a competent authority approval if it satisfies the requirement of an international standard: (1) A specific regulation in subchapter A or C of this chapter. (2) A special permit or approval issued under subchapter A or C of this chapter. (3) A separate document issued to one or more persons by the Associate Administrator.

24 Penalties / Violations 49 CFR 107, Subpart D, Appendix A E. Special Permits and Approvals: Violation description Section or cite Baseline assessment 1. Offering or transporting a hazardous material, or otherwise performing a function covered by a special permit or approval, without authorization: a. After the special permit or approval has expired $1,200 + $600 for each additional year. b. After the special permit or approval has been terminated $5,000 to $25, Failure to comply with a provision of a special permit or approval (when no other baseline is applicable): a. That relates to safety $4,000 and up. b. That does not relate to safety $500 and up. 3. Failure to maintain a copy of the special permit in the transport vehicle or facility, when required by the terms of the special permit Special Permit $1, Use an approval or approval symbol issued to another person Approval, Various $9,000.

25 Actual assessed penalties Improper marking of the package ex. Failure to mark the special permit number on the package - $800 Improper paperwork ex. Failure to include the special permit number with the shipping name on the manifest - $690 Improper use ex. Using the wrong packaging, improper closure of a package, not using all parts of a combination package - $7,000

26 Actual case: Company Name Violation Summary Citations AMAZON.COM.DE DC, LLC CARLISLE, PA Case #: SB-EA Offered corrosive solid, acidic, inorganic, n.o.s. (monopersulfate compound), 8, II, when shipments were not accompanied by hazardous materials shipping papers and; when the package was not marked and labeled; offered corrosive solid, acidic, inorganic,n.o.s. (monopersulfate compound), 8, II, in packagings which were not subjected to UN-standard testing; offered compressed gases, under DOT-SP and DOT-SP 11516, and failed to properly classify the material, failed to provide training, and failed to maintain a copy of the special permit, or alternately ship these materials in conformance with 49 CFR; offered lithium batteries, 9, and failed to ship the material in accordance with the requirements of Section , or failing ship in accordance with Section , Special Provision a(b), (c); DOT-SP 10232, dated March 7, 2011,; DOT-SP 11516, dated March 20, 2009; (a), (a), (a)(1),; (c), and (a)(1); (a)(2), and (a173.22(a), and (a) Penalty Amount $33,675

27 Discussion? Frank Imperatore Alan Call